The Sun. — London, England, 1810-08-02 00:00:00

~_ .: REPORT. COURT OF KING'S A. t. EItEAC2I OF - i 4 itomrir of ELIZA RIsHOP'V. CHARLES RUBINSON, ESA:. This --vai an action' brought to recover damages for'a -breach of promise of marriage. Mr. ATT,ORNEY-GRNERAL stated, this , was an aztion of-'a most singtillr nature; it was brought under the most aggrav:,teil circumstances, from the unmanly condntt of the: defendant. It was im possible to conceive' Tore" ineatinesi"or' cruelty than that exercised by him towards the plaintiff. She was the daughter of a merch - mt, her family were tnost respectable; . one. of her brothers wai a barris ter, and another an :officer inl.the army ; she re sided with. her inoth:r at Gray's Wood, in the county of Surrey, about 40 miles from town. The defendant is a gentleman of fortune, his father hav ing bequeathed : ilia) 70,0001. ; he is also a consi der,!ble merchant. fie mentioned this particularly, for he was convinced,• when the Jury heard the Plaintiff's case, they would by their verdia declare that she was entitled: to' a' large proportion of the defendant's wealth. 'The charaEler of the plaintiff Was completely unsullied; if this was disputed, he requested that it shouid• be done by.evidence, and not by calumny ; their ages . 'were proportionable.. Th - e defendant was forty-three, and plaintiff thirty tw it; they had been many years acquainted, but early in the year 1809, he beearce more attentive to her, and in the middle of Atigust.Gf.that year, having bt.en on a. visit to her mother's in the -country, be made a proposal of marriage to her, which she did not accept until the latter end of 'that month. On the 2Rtir lie came to London, hating appointed that the union should take place in the January follow ihg. This contraa being formed, he entered into a correspondence with her, , wrote her word that he had acquainted his mother of their intended union, and that it met with her entire approbation. It wa4 'nide knowit to all• the plaintiff's friends, - and she received their congratulations. She could not havt• suspected that, the union would not take place. Oti the 30th august, he W!Ote the following letter to the " D &Alt lizr sty -..You are uppermost in my thoughts. It was not until yesterday 'I had an Opportunity of speaking tt. my mother ant sisLrs about our intended union it met Van her ent.ro approbation she has the highest opinion of ; she (les,ies MC to tell4oll o. C.ive my love to your mother and sister, and believe me to be, with sincerity, your lover, CHARLES ROBINSON." " Austin. friars." This letter was anSwered by the plaintiff s . On tha Ftth of Septernber she received another letter. from him, ass.lring her of his love and esteem, and pleAding hnsiness as :he cruse of his not having' been to vi it her. Her - approbation w.is all he Wished tor;' he had entered into - a solemn contract. with her in the Country, but:it could not be com pleted until January, as he wished to windup every thing,in his trade before the marriage took place; he.kad made'an. independent fortune, and'intended •to.rete from b..siness. He continued this kind' of corress,oAence at the time lie -had' conceived the stra , lyeni to draw something tram her as a refusal to marry him. He wickedly wrote; her a most inde licate letter, and wilfuily misrepresented hims e lf ; it , wai letler that no man who knew what coin.: mon' -,deceney - - was wotild *rite' to a lady. If he had the misfortune fo lay wider a in firmity hidy was not `.the person to 'disclose it to ; she had briathei's, to wham it might have been commulicatbd. He insinuates that he has some I.angin; - disorder, that makes him :unfit, to enter into 1113 'marriage state , he caluMniates :he unmans himself, to draw something from her-that would appear as -if declined the union. He thinks lie has gained his point, and he gets iris Manhood again. If he can 'prove he was in a state that. made hi.n 'incapable of 'fulfilling ;he duties of a married life, and that the plaintitf was . a more proper person to conunanicate it to than her brother, he- (Mr. Attornev-:Geaeraly would give ,up t:ie 1-1 wing so tor prefaced this most inde epistle, he would read it : • " London, September at. " Dt AR EL/ ZA -.lt IS not now iiusiness alone th.,t pre vents me fruit) visiting you, but something of a inorc potent nature has taken place to de,troy the happiness I so fondly .eicw:tted On 'our marriage. Nothing but the confidence I have in you could make' the disclose tt ; but, on considera. I think it the most honoitrablt mode, end so have de terannel, and that dire.ct. Many years ago I came to a de. termination to enter into the marriage state, as soon as I could meet a lady that I thought would be. a tit planner to me. , Ffoin that time I have taken the most cautious care of my health. It appears now that it would have been much better for fie to litvc 'deviated tom the stritt 'rules of in°. tality. On the score of my health, I thoughts it unnecessary to apply to a physician. but tot form sake ;, at first it did not ca.:cur to the to be necessary, under any circumstances. I applied to a physician of tile first eminence and respectabt neVer was I More astonished and enraged, when he told lire I. was unfit to be inarried."— Mr ATTOWNEY-GENERAL said, 'he mist make an obserkation on tnis.part of his - letter. The question, wis whether it way or Was not a falsehood ? whether he did •or did .nit consult a physician? It he. did, let dints put. his 'medical unit in the box, and t will make him ctiniradia the statement in the let ter. He would make you believe that it did not proceed train ill health, but. from having lived a chaste lite ; that he was a man •in vigour, and a maid in chastity. The defendant's friends laugh at this. 'Let ahem expose him, and hold him . U 1) to th e world as an aboorzence! He liked to see this tonduti in the friends of se h -a defendant, for it sheaved a want of all decency an.i motality.—Mmk, Gentleman of the jury; how the plan developer it .se,f.-1-le goes mot° state in'his kttsn-- " As sti?picimi might grow lip in your mirid, I thought it right to make tins nisi:lost-ire. lc...owing you to be a woman • sensc, ).01 applaud, nsiead ut_Lontleinning, my can d ; I might nave deceived you, but I sin auove it. I h to ger t.ver ir ; but unceruini) wili.keep you in 3 most dl3aKree3Ole doctors snake light of, in . -the fri..,t instance, otten ends in tile most dangerous consvloences. I never Can visa yg:tl whsle in tins doubt. No one but my n. ether .is 'actinaiirea with it. "I will not let lily thing said an.int ;our own goad self go unanswered. - Let us both say the marriage IS broken oft, and it you appear satisfied, your will be so too, without an expl anation. (Signed) "-CHARLES ROBINSON." He would prove, from t he detendp t's own mouth, that tins letter was Wrote %hit the intention of get ting the plaintiff's refusal to the mArriage. He hat nut a copy of her answer tn thai disgraceful letter ,he wrote 10 the m3n w ho ‘va, to become her and who had her hill confidence. She hid cotiinatited €o piper the sebstance of it, .as well a s s . she recolleßed ; i atiy thing was. ink-staled ip it, the defendant could rebut it by producing the original; and . giving •it in: evidetice. It was, in the 'subvance as follows The terms of letter were incomprehetvdhle to her;, she was at a loss to know what• he meant, or What were his intentions ;, it placed her in the most awkward and distressing sittiathin. writing was known to het family, and-the.y nin.trally inquired . ‘ithi-'n he was coining down.. Shr. toacie the . usual excuse for him of business, enttclitd of him to come down, and give some explanation ; the. same time, if he had 'chpfiged his setitimunts in favour of atiother objeet, she would be no bit to his happinesc, how 'ever httle she was able to bear against .such a dis- 1 - appintinent.--She waited with anxiety for his an swer."---She received the following-,letter in reply " London, ;Sept. 26. " a Bg-r ist y —The inceslant rain has prevented me from answering your distressing letter ; indeed, it - operated I like a shock of elettricity, so•Lantrary was it to my ex ped.i 'tion, for I only requested that my visits should be dispensed j with-tor a time. I have now too .much reason to: tear you have not confidence in me, and wittlOut.a reciprocal conti. dence there cannot be happ ness•in the marriage state : my sentiments-are unaltered, but yours are changed. If I were I 'to go to Gray's Wood, will I be received as before ? I am afraid not ',• your letter sutnin ms me - as a culprit to take my trial. What I stated beforz as to my bodily health no 'longer exist', so it will not be neecsary tot you to mention it. . 1 (Signed) "C. ROBINSON."' • The Learned Counsel said; if the Jury were to take away the whole/nt his tOrtune,it would not in ; Ilia so so/ere a wound on the charaßer "of .the'de- . ) e fondant as trying this et-inst., if he had any feeling; .. .. but lie believed he was without those feelings which were the greatest ornaments to the hummt race. She answered his letter, and from the distressed state of her mind, she altered and re-altered it, by which means she had kept a ccpy. 6 ' DEER FRIEND— The manner you have interpreted, my letter, and your conclusions, hive been most distressing, and quite contrary to my intention. I am confident an interview would convince you of this. For the last three we,-kS I felt convinced ,that we should have spent the remainder of our dayS happily together. If you are determined it shall not be so so tar I 'agree with you that the marriage, state cannot be a happy one withoUt a reciprocal atiCelion. .. . • •• Your sincere friend, " E. 131 S E-I )I . " 1 So far was she from wishing to break off themar riage, that her friends remained ignorant of every Circumstance. • He'received one more most correi.. Iliatory letter from the plaintiff, expressing her con ,. viction that hippiness was in their power, and they ought not to turn their backs from it ; which' was answered by the defendant, that all future -meet ings must be injurious to them both ; and that he would adopt . her expression, ""t hat it was better that the affair should be terminated." She tried to j bring the defendant back to a sense of honor. At 1 last she became convinced it was impossible ; she .: perceived he was what the sequel has proved him to . be. At the close of the year she applied .io hint (Mr. Attorney-General) for advice ; tie recora mended her to offer herself by letter ; and the de fendant refused to, acceptof ber, which refusal wai the .ground for the present aaion. In estimating damages, the Jury would take into their consdera- Lion the situation he . had promised to place the plaintiff in. He (the 'defendant) never could plaCe her in the situation he found her in, although•lie defied the breath of calumny to state any impro priety in her condu6t. .Had he any complaint to make against the lady ? he understood he had an alleged one—that he wrote her a kind of an affec t tionate letter, explaining his incapabilities, and that i *she answered it with insolence and impertinence ; ',. and that she broke off the marriage. How could 1 he support this? His first letter was grounded upon stratagem and hypocrisy; fOr the excuse made use of did not exist. This had 'been the conduct of the defendant. Was there any thin , in hers that would leave a speck behind it ? The Jury knew the value : of engagements in the mercantile world ; then shall this man, who entered into a most solemn engage : Ment, be, 'allowed to break'it in the moil indelicate way, without being liable to a severe forfeiture ? He would nOt offend Them by asking would they I.nt give this lady a greater recompence than they would tor a breach at an ordinary - engageinent. The re- . spettablity of her family, her education, her moral lite, and ail' those qualities she 'so eminently .pos sessed, demanded ir. In cases where they found .a fellow-citizen injured, they by their verdict fepai t i his losses ; and he was confident •they would not -deny it to the daughter tit a citizen. , Under ,these con.iderations, he left his dirties case-in his Lord ship's and their hands. He then proceeded to call his witnesses. Mr. Ekes deposed, he was well acquainted with the defendant ; he was co-executor .with hint to his father's will; they went to school together; the defendant' was about 43 eArs of age; he was a man of property; he succcedcd his hater in bu siness. • The breach of prornse was admitted by Mr. Parke, Cotinsel for the 'defendant as were the let ters all Owed to be his hand-writing : they ‘vere read by Mr. Lo ten. This closed the plaintiff's case. _ _ . . PARKE achlreised the Jury, and .Said he would begin by telling them, they must giVe a ver diet for the - plaintiff; he assured them, he did not know of the existence of one of .the letters that had been read, until he came into - Court ; the defendant had no copies of their, although they were pre served with scrupulous care by the plaintiff: -Hit. agreed with his Learned Fmicnd, that it was' a most singular case'; but -unless they gave him credit for every assertion in his opening speech, whit h they well knew they dared 'not, there was nothing lhat called for excessive damages : there was no evidence before them that would entitle the plaintiff to it : there was not• a tittle in evidence that spewed the defendant had acted unmanly, however he might have foolishly and indelicately. He wished•to know what'injury the plaintiff had s.nstained ? If she had consulted delicacy, she would.have had it settled by etc or the Jury in a private room, 'instead of being exposed in all the public newspapers. He confess ed, i( he had known of the existence of those let ters, he would have persuaded his client. • not to have allowed the cause to come into Court; but as ,he was there, it became his (Mr. Parke's) duty to speak in mitigation of damages.. day the account given for the plaintiff, the defendant only courted the plaintiff for three weeks and one day ; this was the fiery head and front of his offending." He would not say he had acted right---he wouid not en- LONDON: Printed by I! !CHAR 13 HARRIS, of No. 4, Martlett.c.o.ut, Bow- strt-et ; and At the .SuN‘OFPI92, No. 112, Strand, where ildver:isemerus, Orders SMITII V. AEIII.L. T pis aas ati ro recover Cite 'rice of a Ivirse, which was --frilegeff to have hten 0% 11 in exchange by, def . :lad:lntl() pfai ll tilf, w i t h a war r.intr, but whi4;ll was. subsequently dicove;ed,tp be di e ised. 'lf It was stated, that !Le, plaintli, a rOpeirrikeri t desiring to be well-mountqd, had gone to the .}and of the..defendant; a .h.g.,e 4calcf in TI-•,e flointriln in-January Jai:, and, purchihel, a Iyr s;.‘tY., • guin?..als ; Le sent him to Day... Palmer, .whp a redosmiry in the hot ough, who i nrrn:diaiely" petciived that . the horse; was unsound, The ti;}, however, liking . the appearance of this ani7 to ii, sent .him to the.. countr), year -I ,ll ` dcr Treatment might. bring Linn round ; for t;t 4 - immediate use, he, purcha.:ed front iietendvt second horse, which was subseqwnit:y d*.,overej to b.--; troubled wiih.a vapetyof coinpiaurs : Le t 4 returned to . defendant, and in lieu of km lie re; ceived a serviceable animal. The sixty guinej horse still continued on the .hands of the. p:aintiif and it wis • attempted to be proved by..lllT. Riliper; who was examine,!,. that he loid h; en e.ehatige4 for a black horse, which had a defect in one . o firis ' l e gs ; and the pri c e bf which was tier subject of the present :idiot). • ;,, Piaintiff, however, failed ip proving titer exchange, Chief-Justice MANSFIED bbarTved, !Wt . the.counts the,declarat ion were not probed; and th;.i plaintiff was, non •soited. ,•_ • Titry-liArivEsTi—Many of the ears of whelt, in this neighbOuillood, are extraordinarily set wi , Et.. corn, particularly where there was; a defickncy Ot root. On examination, it will be fokind, that iti I-11" must 'every - field, a majority of;ttie ears are tourset , producing double the nurn' , er of griini•at•ea'il jOin ( than what is.comni .n ; seeming ai it.Ruvidel:ce by this means; determined to make up tor the-deli ciency of root occasioned by the lyng-continite.Ll drought at the early part 'of the se-rSon;.• H6wever strange this may appear; be found-true; ;.ti 3 similar occurrence is remembered to have 1.1;:eil .place, by some of our intelligent farmers about ' 23 years ago.—(Lewes paper.) • We have every prospect of an abundant harvest 3 the wheat crops are more, luxuriant than hat7e bfeil remembered for some years. The late rain , ' l 0" iniproved the barley and oats, so that a 'lull ay.* , :.;'' crop is ekpeCied. Potatoes will also be 'abundan'. --- (Drogheda A'ews Letter.) A.cAUTION 'TO THE PUBLIC.—As 1 - , - arnier in t l7c interior of the county of 'Carmarthen ,Was driving 11 : 5 •l team, a man rode up on a good horse, and after I.: little.conversation the strangcr obserVed, he Woul ; ', change' horses 'with' him; as one of his horses wool' answer his purpose:as well ; after some fulther 1 course the farmer gave five guinels in exchantV hor4.e, fom . the shafts, and,the stran4er rod° on. In the col'irse of the day the_Tiorse" was ,clain!edf' .as.. being stolen, ,by a person who. was then 1 0- . piirshit.of the . thief, add the farmer lcrct his and five guineas into the bargain. Elitiuld he taken, he might, .perhaps; plead,. " exchange is robbery."—We hok, however, this. sr;e - as 0 7, caution not to buy a horse from a . per ~on tinknoVn* Gqz.) The mysterious explosion °fa qu2ntiry of powrciel . ° lodged in a room L.L...,oining the. Guard-house al Lb e Horse Guards Barracks., near Windsor, last week' is not satisfaCtorily accounted for. The building . 1 134 received such a material injury, that it is deemed l!'"; cess:mry to take it entirely down. A. soldier conliPel , in tile guard,house, we are -sorry to add, recei‘"'` . . spell-violent contusions, that little. hopes are etttcr tained of his recovery. The-centinel was-thrown t°. a greet distance. El'ON, JULY 2g.—Yesterday bein g the anntial e'er' Lion of candidates for the King's College Cambrith e " only-one vacancy„w . was open, , which was obtained F. , BroWning Esq. the Captain of the sehool. 111 e. business ot,the day consisted in the rehearsal of -tin and English orations by the most distinguish ° . of the Colleians;•prrparatory tb . the. - publie e xhtbl lion on Monday. In tile evening the who: of ' ll 7 - Gentlemen at school partook of a surnptuous supP laid out on ' the lawn at Surley-hall, which CO' sisted.'d 'every delicar!y. Upwards of fifty of then. 'proceeded up the r;verio boats superbly decorate d the rowers and coxswains; in appropriate -dresser ami accompanied by the bandof the Stanford After supper,. they displayed their skill an' activity in the management of the oar and rudde r ' by Sailing three times round the most difficult bet ta ot - the river,.near Windsor. The Marquis of 'Exete r ' . .Lord Clifton, Lord COoharn, Mr. Scott, Mr. 1l ees'. and the Hon. Mr.'Henniker,otliciated aScoxswail 9 : l The festivities of the day c,.;cluded with- a go ° display of . fire-works. A great concourse of spec, raters lined the Woks - of the river tinting the pro— cession. ~~ y. _. ' ~ ~ BIRTAS. ;ltished by WILLIAM ARMIGER SCRIPPS, South Mahon street, Gr.).venor squa e, :or the Pape, Letters for the Editor, tic. (post-paid), miist be aeldicssd. On Thursday last, in Holles-street, Merrion-squar:, pubs lin, the Hon. Mrs. Itirvey - , of a Daughter. ('n Sunday last„in,Piccadilly,.the Lady of Robert °grill• Esq. of a Son,- On Mond.&y last, at Trafalgar-{louse, Lymington, Lady of C. E. Prescott, of a o.!ughter. Yestettlay mqrning, in Montague-.place, the Lady' of E.sq. of a Son, - • MARRILD. On Monday , the i6th inst. Robert.: Marriott, Esq. Brook-liall, Northamptonshire, to Durotliy.secund ter of Geur6e . 'Appleby, . Esq. Lit horroiv, a the Cuunq Lincoln. • • -- On Thursday last, at Westhery-upon-Trim, ler ' et ni3l' Houghton, Esq. of - Dublin, ,to Miss HULL, utStuke-Bisi , ' l %, Ott rtiesdai:, atSevitiooks, joint buv.ii, Esq. of Richard flown,-Esq. llar,ker,- of Bdr: - r - Anne, eldest daugtaer at Thoinas Nicittimer tltr same place. , Yesterday, at Clapham, john Dif,ens; Esq. of Cli.c o ter, to-Harriett, nir,:gest daughter.oki, tylay, Esq. The same day, William Bulsland..li.sit,..-orzhe pie, .to Elitatii..tti, third daughter ut n Eul land, l s 4 . At St. Michael's Church, - Waicester,- Sir William ' ,of Shute, in the.Cutnity ofllevon, to Miss enarl,'lr` I.7azer. . , . "On Tuesday last. at his taking in Westmoreland- rc :i c Dublin, aged 40, I.lm F. 41. eldelt sure of j . 1;1;1, of Ei.A.des-strett, nephew W7E,. llyvie, Esq. of Ivln ik "' ' hack. At Alaldon, Essex, of the riteaslcs,. George Ly , ttic`. MacLeod, in Fiancis MacLeod, youngest son of Liatnemnl.2 t.olonei 1' cleod, of ttte Royals. - ...... 5 ,.,.. 1. 31 i T, the 24r )r :„ r., 41 tTugt t , The th„ Ili .future CoU; ,erh, of Post At the i ?)1, ti„ S " cut, eve r 1,1 th, t " • Co c.uut v ‘ve.,„l"„ (. 0 Th n T hint Conti : t .r ,i ' ,. lu—) r l(- 7 ,?':.( t r' iv t' ''s i ll , : )'l)l ri et : '- AI , s :I_ I L L: tv :•0 0 , 1 , Srs . ye Atw : w tilli, ,N k • ; • • Ith W e l v e , 4111!,,ctve - 1 . 1. tie 'pokeyld . W, etit'y. l .. • '-________. k tEEI or a 1 Li' H rl t i • Ist, ql ki e xcerc i f Ar a b Ylt stir fa ;1"e ' II: h<lrl c N I 'win g r 1;• • kit Q h" - R• 111.-te (~) ns, , ha 11. r ite 'IV NVito' 3 111 'vie fine;ll,.,‘v of 41) 'C 't . tt t tu t is. , " 41 _ , e n e a tl ,, Lie sc , the th r l he • 4 t te 1.1 t et i n t o the defeAtint's acies-,—but what' proof was there,that his asserrion.dc/s fo4e.?•. Mr4Atter ne3 -General, he ‘vas con44l f m il wptld not attempt to.say such a,thing, as alleged, could not exist. - But he says, why not call the-Physitiian to prove it ? answer to this, _he would tell lrinr, that it was thought impossible that :it_ could,b doubted. He would admit, it he was not w c i,lllBqu:iitited 'With the. rule of evidence, and had heard such an effusion of eloquence as that divulged by t!e t,a-ney- . Gerer:4l,, he should he prejtioice I :igaingt the dcfen , hint :this was-the bar he wished to prevent them horn split ting on. He would ask t 'rem .What the plaintiff had lost by not marrying - such a [llan as Mr. Charles Robinson ? or' what damages .• Ibe *Jury could g i ve against him for three weeks' improper courtship ? The jury, under the difettion of his Loidship, gave a verdiC.l for the plaintitf—Damages's,oool. • iRADBERRY V. TIIMVIPSON. . This was an aOion brought for -a: breach of cove nant.—lt appeared that on 'the 16Th of January, 1809, the Vaintiff porch ffsed hales m;tl from ; the de'tendant, at ts-.: OA. per pound, which were to be deliVerecrin a month ; the cotton was'in the East India .Company's store-hoites; 37 bales were. delivered to the plaintili,•and he _brought the present ation to , recover 491. Jer : the eight. remain ,ing bags. In the course of the. niOnth cotton, fell to Ltd. per pond ; the plainlitf. not .teel anxi, out to be put in possession of .the eight bags,: and they I+y• in the Company's store-houst.s with his con sent.—Plaintiff nonsuited. , GRIFFEN V. WALKER AND WMITEON. This wasrati a6tion brought ttoreetWer 371. paid by the plaintitf for the dcfendants; tlrd lowitig-circumstances : who t , as' a maker . of bags, in Tooley-street, bccame;a bank- ' rapt, in. Sept. 1807. His lather, tat he" might not beTut,out ot- his _house, purchased., from- the de fendants (the assign: vs of the son) the furnituceit; which be,paid :he.tt tor, r In the.Cktobr the furniture was dis:rxned . fOr t uses due before the bankruptcy , the deiendaiits releasing .to release them, the plaintiff released them in the month of November, and tiov : sought to recover the amount ot the - sum he paid.. Vtirdia" for, toe plaintiff; ASSAULT. AYRES V. HUGHES. This was an action brought td - recover damages for an assault. The plaintiffs Was a caulker, •and defendant a shipwright they .were foremen in their different - departments to . Mr. ThOmpson, -a builder: the dispute arose about' removing a stage froth alon“Side the ship Tobago the plaintiff tad the defendant he was a liar, on 'which he pulled his nose. Verdict for' the plaintiff, damages 201. - • 1 COURT OF COMMON PLEAS, JULY 25. BRAGG V. THORNTON. This was an action brought to recover the sum of 501. 164. 6d. alleged to have been paid by plain tiff to detendant, in consideration of fAte latter performing a certain contract, which he hd nor done. • The plaintiff is a ship owner, and the defendant, who, is a ;'roculer of seamen, had engaged in May. last to supply five sailors to, go .on board a Veii;el, called the John, Dent, -belo . aging to plaintiff, aud - bound on a .voyage to Martinique. The defendant prOcured the Men accordingly, but declined taking. them himv.::ll down to 'Gravesend, where the ship was supposed to lie, and delivered them up to the care Of Defendant received ten guineas for procuring the men, and three of the latter, were each paid 51. (a month's wades) in advance ; one, not being an able-bodied seaman, received but 41; and the sth, having no account to settle with th 4 defendant ; chose to receive his money on board the ship at Gravesend. These different sums were paid into the hands of defendant by plaintiff, with two drafts—Piaintaf also discharged some contin gent expenses, amounting to 6S. 6d. Making,. with the former sums, the whole amount mention ed in the deelaratton, and now sought to he recover, ed. At the time plaintiff delivered the first draft, he inquired what security defendant would give'for the performance of the agreement-? To this the lat ter answered, there-could be no doubt of the men performing the voyage : if they:did not, he would return the money.. .Mr. Bragg then took the men down to Gravesend, but when they arrived there the John Dent had sailed. He then accompanied-them to town in the Gravesend boat, and they went shout -their business. In a few, days the plaintiff nailed on defendant, and demanded the men ; the - latter , informed him, that he knew nothing about :John) ; however, he accompanied plaint - alto several hougo in search ,of them, but 'ineffectually. Plaintiff stated that' he had anOther•ship ready for them to go on board ; or if they would rather go . the ori ginal voyage, he would pay their expellees to Ports mouth, wnere the ship then was.. As • the men, however, were not to be found, he demanded his money back, A'lnch being retused,he brought- the, present adion. ' Mr. Serjeant BEST contended, that defendant had forfeited the money, which he had agreed to return, if the men did not go the voyage. • Mr. Serjeant VAVGILAN maintained, that dete'ld . ant, - haying given up 'the Men to, Mr. Bragg - , and having previbusly informed him that he could not take them to Gravesend, was ro farther respon'-' sible.. If principle euntended for were ad mitted, v.z. that the'defendatit:had entered into . tin agreement that the men should go the voyage, .or else the Money be returned, it must be evident, that if . they ran from the vessel at Gibraltar, or any other • port, before . the voyage was complete, he Might be, sued, as well as in the pFeserit in stance. Chief-Justice MANSFIELD--" The contra& was, that the Men should sail from - Gravesend. It was the fault of the plaintiff if he permitted the vessel to sail before the liminess was finished. •No blame could-be ihiputable to the crimp, who had nothing more to do ,when the men were delivered up; and 'the plaintiff, was satimfied to take them down. the ,River." Plaintiff non-suited, with leave to enter a verdit • '.lor the two drafts, ur either of Wein. I,; _ t-'